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MIDDLETON v. STATE

No. 44107.

476 S.W.2d 14 (1972)

Charles Travis MIDDLETON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 1, 1972.

Attorney(s) appearing for the Case

James T. Flynt, Mineola, James Douglas Pickett, Winnsboro, for appellant.

Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction, under Section 1 of Article 1436b, Vernon's Ann.P.C., for theft of mercury from the meter of a gas pipeline. The punishment was assessed by the jury at three years.

The record reflects that on or about October 21, 1970, mercury was removed from gas pipe-line meters belonging to the Humble Oil & Refining Company. These meters were located on the Hawkins oil field of Wood County....

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